N.J. Constitutional Convention: Vol. 4, Page 200

STATE OF NEW JERSEY CONSTITUTIONAL CONVENTION OF 1947COMMITTEE ON THE JUDICIARYWednesday, July 2, 1947 (Morning session)

preme Court referred the Supreme Court trial issues to the Circuit Court judges for trial. They finally wound up as the principal trial court, with the exception that Common Pleas judges had that jurisdiction.

MR. McGRATH: In other words, if I wanted to sue somebody in Union County or Essex, I could sue them in the Circuit -

JUDGE SMITH: No, you would have to sue them in the Supreme Court.

MR. McGRATH: Both living in the same county -

JUDGE SMITH: Oh! yes.

MR. McGRATH: - either the Circuit or Supreme, and the advantage of that is that if the Circuit Court list is too large, or vice versa -

JUDGE SMITH: It all depends. In some cases Common Pleas run up pretty heavy lists, as in Hudson County.

MR. SMITH: Judge McGrath, doesn't that tend to duplication, that opportunity of going into either court? It means you have to have two judges, two court rooms, two clerks, and two of everything else.

MR. McGRATH: Well, the clerk is the same - the same County Clerk. It works out to the great advantage of the man with a little suit. He generally starts in Common Pleas. If it is one of more importance, he will start in the Circuit Court.

VICE-CHAIRMAN: Any further questions? Thank you very much Judge; we appreciate your coming here today.